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Hart (P) filed a defamation action against Wolff (D) for statements made about P's alleged misappropriation of funds in the formation of Arctic Bowl, Inc. P was the president of Arctic until Metropolitan Mortgage and Securities Co. purchased a controlling interest. P then became a manager who was employed by Metropolitan to handle its business in the area; P was also the controlling shareholder. D requested a court order for the production of the corporate records of Arctic. P refused, and the case was dismissed. P appealed; the superior court could not order the production of those records because the records were not in the possession, custody, or control of a party to the pending action.

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